Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.

Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 26, 2003

Senate Executive Message No. 5
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1. For Member, Emergency Medical Services Advisory Council,
Mike St. Clair, Parkersburg, Wood County, for the term ending June
30, 2005.
2. For Member, Emergency Medical Services Advisory Council,
Chandler Phillips, Verdunville, Logan County, for the term ending
June 30, 2004.
3. For Member, Emergency Medical Services Advisory Council, Joe Coburn, Princeton, Mercer County, for the term ending June 30,
2005.
4. For Member, Emergency Medical Services Advisory Council,
John Ashcraft, New Cumberland, Hancock County, for the term ending
June 30, 2003.
5. For Member, Emergency Medical Services Advisory Council,
Keith Biddle, Huntington, Cabell County, for the term ending June
30, 2004.
6. For Member, Emergency Medical Services Advisory Council,
Dr. Mike Hartzog, Morgantown, Monongalia County, for the term
ending June 30, 2003.
7. For Member, Emergency Medical Services Advisory Council,
Joe Lynch, Charleston, Kanawha County, for the term ending June 30,
2005.
8. For Member, Emergency Medical Services Advisory Council,
Chip Sovick, Charleston, Kanawha County, for the term ending June
30, 2004.
9. For Member, Emergency Medical Services Advisory Council,
Gary Collis, Martinsburg, Berkeley County, for the term ending June
30, 2003.
10. For Member, Emergency Medical Services Advisory Council,
John Riddle, Charleston, Kanawha County, for the term ending June
30, 2004.
11. For Member, Emergency Medical Services Advisory Council,
Gordon Merry, Huntington, Cabell County, for the term ending June
30, 2005.
12. For Member, Emergency Medical Services Advisory Council,
A. G. Lucas, Weirton, Hancock County, for the term ending June 30,
2004.
13. For Member, Emergency Medical Services Advisory Council,
Dr. Roger Gallant, Wheeling, Ohio County, for the term ending June
30, 2005.
14. For Member, Emergency Medical Services Advisory Council,
Bill Favors, Huntington, Cabell County, for the term ending June
30, 2003.
15. For Member, Emergency Medical Services Advisory Council,
Stephen McIntire, Clarksburg, Harrison County, for the term ending
June 30, 2004.
16. For Member, National Coal Heritage Area Authority, Sharon
Cruikshank, Fayetteville, Fayette County, for the term ending June
30, 2006.
17. For Member, National Coal Heritage Area Authority, Claud
Banner, Welch, McDowell County, for the term ending June 30, 2005.
18. For Member, Education and State Employees Grievance
Board, Debra A. Kilgore, Princeton, Mercer County, for the term
ending July 1, 2005.
19. For Member, Concord College Board of Governors, Gene
Fife, Charlottesville, Virginia, for the term ending June 30, 2006.
20. For Member, Board of Examiners of Psychologists, Allyson
D. Sammons, Charleston, Kanawha County, for the term ending June
30, 2005.
21. For Member, Board of Dental Examiners, Bernard Grubler,
Wheeling, Ohio County, for the term ending June 30, 2007.
22. For Member, Board of Dental Examiners, James Vargo,
Beckley, Raleigh County, for the term ending June 30, 2003.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Very truly yours,
Bob Wise,Governor.
Which communication was referred to the Committee on
Confirmations and incorporated with the executive nominations
received earlier this session; all to be considered as a special
order of business for Saturday, March 8, 2003, at 11 a.m.
The Senate again proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under considerationSenate Bill No. 14, Prohibiting counties and municipalities
from contracting with certain vendors.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 14 (originating in the Committee
on Government Organization)--A Bill to amend and reenact section
ten-a, article three, chapter five-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
prohibiting the state and its political subdivisions from
contracting with vendors owing a debt to the state or its political
subdivisions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 14) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 40, Relating to powers and duties of tourism
commission.Senate Bill No. 618, Authorizing municipalities to permit
certain veterans to park free.
And,Senate Bill No. 627, Renaming Guthrie Center Gus R. Douglass
Agriculture Center.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (S. B. Nos. 40, 618 and 627) contained in the
preceding report from the Committee on Government Organization were
each taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 329, Authorizing secretary of state to promulgate legislative rule relating to registry for notification
of state of emergency.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 329 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article
nine, chapter sixty-four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating generally to the
promulgation of administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
continuing rules previously promulgated by state agencies and
boards; legislative mandate or authorization for the promulgation
of certain legislative rules; authorizing certain of the agencies
to promulgate certain legislative rules in the form that the rules
were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the legislative rule-
making review committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as
amended by the Legislature; authorizing commissioner of agriculture to promulgate legislative rule relating to inspection of meat and
poultry; authorizing contractor licensing board to promulgate
legislative rule relating to contractor licensing act; authorizing
courthouse facilities improvement authority to promulgate
legislative rule relating to authority; authorizing board of dental
examiners to promulgate legislative rule relating to board;
authorizing board of dental examiners to promulgate legislative
rule relating to formation and approval of dental corporations;
authorizing family protection services board to promulgate
legislative rule relating to operation of board; authorizing family
protection services board to promulgate legislative rule relating
to licensure of domestic violence and perpetrator intervention
programs; authorizing family protection services board to
promulgate legislative rule relating to perpetrator intervention
program licensure; authorizing family protection services board to
promulgate legislative rule relating to monitored visitation and
exchange program certification; authorizing board of funeral
service examiners to promulgate legislative rule relating to board;
authorizing board of funeral service examiners to promulgate
legislative rule relating to crematory requirements; authorizing
governor's committee on crime, delinquency and correction to
promulgate legislative rule relating to law-enforcement training
standards; authorizing governor's committee on crime, delinquency and correction to promulgate legislative rule relating to community
corrections standards; authorizing massage therapy licensure board
to promulgate legislative rule relating to board; authorizing board
of medicine to promulgate legislative rule relating to licensure,
disciplinary and complaint procedures, continuing education and
physician assistants; authorizing nursing home administrators
licensing board to promulgate legislative rule relating to nursing
home administrators; authorizing board of optometry to promulgate
legislative rule relating to licensure by endorsement; authorizing
board of pharmacy to promulgate legislative rule relating to
pharmacist recovery networks; authorizing board of pharmacy to
promulgate legislative rule relating to controlled substances
monitoring; authorizing radiologic technology board of examiners to
promulgate legislative rule relating to board; authorizing real
estate appraiser licensing and certification board to promulgate
legislative rule relating to requirements for licensure and
certification; authorizing real estate appraiser licensing and
certification board to promulgate legislative rule relating to
renewal of licensure and certification; authorizing real estate
commission to promulgate legislative rule relating to requirements
in licensing real estate brokers, associate brokers and
salespersons and conduct of brokerage businesses; authorizing real
estate commission to promulgate legislative rule relating to schedule of fees; authorizing real estate commission to promulgate
legislative rule relating to requirements in approval and
registration of real estate courses, course providers and
instructors; authorizing secretary of state to promulgate
legislative rule relating to registry for notification of state of
emergency; authorizing board of veterinary medicine to promulgate
legislative rule relating to standards of practice; and authorizing
board of veterinary medicine to promulgate legislative rule
relating to schedule of fees.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 329) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 352, Reenacting jobs act.
With amendments from the Committee on Economic Development pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Economic Development to which
the bill was first referred.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 352) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 396, Providing continuation of misdemeanor
prosecutions in certain cases.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 396 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
seven, article five, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
providing for the joinder of misdemeanor prosecutions in circuit court originally charged in state court where a defendant is
charged by complaint with felonies and misdemeanors which are parts
of the same transaction or a common scheme or plan.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 396) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 401, Exempting veterans' organizations from
consumers sales and service tax.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 401) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 410, Requiring ethics commission annually send
advisory opinions to Legislature and supreme court library; other
provisions.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 410 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact sections
three and five, article two, chapter six-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to requiring the ethics commission to annually send copies
of all advisory opinions to the offices of the clerk of the West
Virginia Senate, the clerk of the West Virginia House of Delegates
and the West Virginia supreme court of appeals law library;
authorizing members of the Legislature to solicit funds for
regional or national legislative organization functions held in
this state without violating the ethics act; providing prior
approval by the joint committee on government and finance; defining legislative organization; placing limitations on solicitations;
providing that only the governmental organization or a banking
institution may receive donations; providing reporting requirements
and publication of solicitation materials and information relating
to funds received; prohibiting use of official letterhead;
requiring disclaimer on all solicitation materials; providing
certain record-keeping requirements and public availability
thereof; and establishing criteria for said solicitations.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 410) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 455, Authorizing retirement credit for public
employment in another state.
And reports back a committee substitute for same with the following title:Com. Sub. for Senate Bill No. 455 (originating in the
Committee on Pensions)--A Bill to amend article ten, chapter five
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
fifteen-b, relating to authorizing service credit toward retirement
to public employees for public employment in another state.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
At the request of Senator Jenkins, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 455) contained in the
preceding report from the Committee on Pensions was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 489, Authorizing parkways authority to provide
wireless communications coverage.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 489 (originating in the
Committee on Government Organization)--A Bill to amend article
sixteen-a, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section twenty-two-a; and to amend article
two, chapter twenty-four of said code by adding thereto a new
section, designated section eleven-c, all relating to authorizing
the parkways authority to construct, maintain, operate and lease
wireless communications towers; legislative findings; restrictions;
requiring the parkways authority to obtain a certificate of public
convenience and necessity from the public service commission before
constructing, maintaining, operating and leasing any wireless
communication towers; and authorizing the parkways authority to
license space to carriers and charge fees.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 489) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under considerationSenate Bill No. 493, Eliminating certain administrative duties
of commissioner of agriculture.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Larry J. Edgell,Chair.
At the request of Senator Edgell, unanimous consent being
granted, the bill (S. B. No. 493) contained in the preceding report
from the Committee on Agriculture was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationCom. Sub. for Senate Bill No. 497 (originating in the
Committee on Government Organization), Creating Commercial Prison
Enabling and Contracting Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 497 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
sections one, two, four, five, eight, eleven, twelve, fifteen,
nineteen and twenty, article five, chapter twenty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to commercial prisons; setting forth legislative
findings; requiring commissioner of corrections to develop certain
plans; requiring the commissioner to annually make recommendations
on whether to continue prison vendors' contracts; providing that
the secretary of the department of military affairs and public
safety may renew prison vendor contracts annually; providing for
certain restrictions concerning offender characteristics relative
to the kinds of offenders that may be incarcerated in commercial
facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's
representatives that may be employed at each commercial facility
for monitoring purposes; increasing bonding requirements for
contractors; requiring background checks for employees at
commercial facilities; and requiring contractors to be responsible
for certain costs.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 497)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 503, Providing penalty for unauthorized access
to government computers or computer networks.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 503) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 505, Providing municipal fire chiefs retain
rank in certain cases.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 505 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
section eleven, article fifteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to municipal fire chiefs; and authorizing retention of
rank attained during service as fire chief when tenure as fire
chief ends.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 505) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 507, Modifying and updating auctioneer
licensing requirements.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 507 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
sections two, three, five, five-a, six, six-a, six-b, six-c, seven,
eight, eight-a and nine, article two-c, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto three
new sections, designated sections five-b, six-d and nine-a, all relating to auctioneers; license requirements; fees and notice of
change of address required; apprentice sponsorship requirements;
reciprocity between states; continuing education requirements;
penalties for violating statutory provisions; license revocation;
and contract requirements.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 507) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 535, Providing mandatory carding for all
purchasers of nonintoxicating beer, wine and liquor; liability
protection.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 535 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
eighteen, article sixteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend article three-a, chapter sixty of said code by adding thereto
a new section, designated section twenty-five-a; and to amend and
reenact section twenty, article eight of said chapter, all relating
to the sale of alcohol, wine and beer to minors; mandatory carding
of purchasers of alcohol, wine and beer; and defining terms.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 535) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Bill No. 553, Prohibiting killing bears weighing less
than certain amount.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (S. B. No. 553) contained in the preceding report
from the Committee on Natural Resources was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Bill No. 554, Increasing cost of bear damage stamp;
purchase date.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 554 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact
section forty-four-b, article two, chapter twenty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to increasing the cost of a bear damage stamp from four to
ten dollars; expanding the purposes for which the proceeds from a
bear damage stamp may be used; and requiring that bear damage stamp
be purchased prior to bear archery and firearms hunting seasons
until the first day of July, two thousand five.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 554) contained in the
preceding report from the Committee on Natural Resources was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
considerationSenate Bill No. 570, Creating Tourism Destination Economic
Development Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 570 (originating in the
Committee on Economic Development)--A Bill to amend chapter five-b
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new article, designated article
two-e; and to amend article fifteen, chapter eleven of said code by
adding thereto a new section, designated section thirty-four, all
relating to the West Virginia tourism destination economic
development act; prescribing additional duties for the state
development office; setting forth additional powers of the state
development office; defining certain terms related to tourism
destination development; setting forth legislative findings;
providing for evaluation standards; providing for certain
procedures in processing tourism destination development project
applications; providing for consultation services related to
project applications; providing the state development office and
the council for community and economic development with authority
to approve tourism destination development projects; creating a tourism destination development advisory board; providing for an
effective and termination date; and providing tourism destination
development project refund of the state sales tax.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Brooks F. McCabe, Jr.,Chair.
At the request of Senator Bowman, as chair of the Committee on
Government Organization, unanimous consent was granted to dispense
with the second committee reference of the bill contained in the
foregoing report from the Committee on Economic Development.
At the request of Senator McCabe, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 570) contained in the
preceding report from the Committee on Economic Development was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator McCabe, the bill was then referred to the
Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under considerationSenate Bill No. 576, Authorizing department of administration
to regulate purchases and sales for flood and emergency relief.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 576 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
section fifteen, article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing that the purchasing division of the
department of administration has regulatory authority over
purchases and sales for flood and other emergency relief.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 576) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 594, Increasing membership on public employees
insurance agency finance board.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 594 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
sections four and twenty-three, article sixteen, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to full-time employee eligibility; and
increasing the number of members that constitute the public
employees insurance agency finance board from six members to eight
members, with four members being appointed by the governor.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 594) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 603, Establishing permanent statewide trail
plan coordinator.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 603 (originating in the
Committee on Government Organization)--A Bill to amend chapter
five-b of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new article, designated
article one-b, relating to establishing a permanent statewide trail
coordinator for all recreational trails in West Virginia.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 603) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 620, Relating to racetrack video lottery
capital reinvestment fund generally.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 620) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 372, Allowing state police to engage in
political activities in certain cases.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 372 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section
thirteen, article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to political activities of the state police generally; and
clarifying those activities in which members of the state police
may participate.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 372) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 407, Providing penalty for worthless check
written by out-of-state resident.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 407 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section
three-c, article three, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section thirty-nine-g, article three, chapter
sixty-one of said code, all relating to providing that when a
person writes a worthless check in this state which results in a
summons to appear in magistrate court but then fails to appear, he
or she shall have his or her privilege to drive in this state
revoked.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffery V. Kessler,Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 407) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 460, Establishing Substance Abuse Prevention
Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 460 (originating in the
Committee on the Judiciary)--A Bill to amend chapter sixty-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article ten,
relating to the enacting a substance abuse prevention act;
establishing the "substance abuse prevention fund"; authorizing
sources of funding and revenue for the fund; providing for
mandatory costs to be collected from persons convicted of certain
crimes which are divided evenly between the county wherein the cost
is collected and the fund; designating purposes to be promoted by
the fund; creating the substance abuse prevention commission;
designating members of the commission; listing commission duties;
authorizing the proposal of legislative rules to administer the
fund and effectuate the act's purposes; and requiring the
commission to enlist and receive assistance from the partnership for a drug-free West Virginia, a program under the auspices of the
West Virginia prevention resource center at Marshall university
graduate college.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 460) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Concurrent Resolution No. 37 (originating in the
Committee on Natural Resources)--Requesting the Joint Committee on
Government and Finance study creating a single hunting, fishing and
trapping license for West Virginia residents.
Whereas, A great number of West Virginia residents enjoy
participating in the recreational activities of hunting, fishing
and trapping; and
Whereas, West Virginia residents' participation in these
activities has a large impact on the West Virginia economy; and
Whereas, A single license would entitle West Virginia
residents to hunt, fish and trap during the appropriate season
without purchasing any additional state licenses or stamps;
therefore, be it Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study creating a single hunting, fishing and trapping
license for West Virginia residents; and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with any
drafts of any legislation necessary to effectuate its
recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John Pat Fanning,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Concurrent Resolution No. 38 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the annexation laws of the State of
West Virginia and of the various states to develop innovative
annexation alternatives to provide municipalities with the means to
create more effective and efficient governmental entities in this
state.
Whereas, The current annexation laws in West Virginia are
cumbersome and offer too few creative options to enable cities to
enter into annexation agreements with adjacent urban areas; and
Whereas, There are many aspects of annexation which would
benefit those adjacent urban areas, such as improved police and
fire protection and other similar services; and
Whereas, Many such adjacent urban areas would more readily
enter into annexation agreements if there were creative
alternatives available which would allow those adjacent urban areas to retain some aspects of their self-identity, such as retaining
the community's name and limited self-government; and
Whereas, Other states have successfully addressed the issue of
annexation by enacting laws which provide many of the
aforementioned creative annexation options to municipalities;
therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the annexation laws of the State of West
Virginia and of the various states to develop innovative annexation
alternatives to provide municipalities with the means to create
more effective and efficient governmental entities in this state;
and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jeffery V. Kessler,Chair.
The Senate proceeded to the thirteenth order of business.
At the request of Senator McKenzie, unanimous consent being
granted, it was ordered that the Journal show had Senator McKenzie
been present in the chamber in earlier proceedings today, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 51, Engrossed Committee Substitute for Senate
Bill No. 364, Engrossed Committee Substitute for Senate Bill No.
383, Engrossed Committee Substitute for Senate Bill No. 387,
Engrossed Committee Substitute for Senate Bill No. 405, Engrossed
Senate Bill No. 428, Engrossed Senate Bill No. 608, Engrossed
Senate Bill No. 646 and Engrossed Senate Bill No. 647.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 425, Authorizing higher
education policy commission to participate in retirement and
separation incentives.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 425) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 443, Establishing economic and infrastructure
projects under development office guidelines.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 443) contained in the preceding report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 467 (originating in the
Committee on Banking and Insurance), Allowing insurance agencies to
operate as managing general agents; license.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 467 (originating
in the Committee on Finance)--A Bill
to amend and reenact sections
one, two, three, four, six and seven, article thirty-seven, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said article
by adding thereto two new sections, designated sections eight and
nine, all relating to licensing and authority of managing general
agents; defining terms; requiring managing general agents to be
licensed; setting minimum fees for licensure and license renewal;
bonding and insurance requirements; designating the secretary of
state as agent for service; requiring advertising to be approved;
requiring insurers to have independent audited financial
statements; increasing the authority of the commissioner, including the authority to order penalties in an amount not exceeding ten
thousand dollars for a violation of the article; institution of
civil suits; and providing short title and effective date.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 467)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 534, Creating Third-Party Administrator Act.
With amendments from the Committee on Banking and Insurance
pending;
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 534 (originating in the
Committee on Finance)--A Bill to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article forty-
six, relating to third-party administrators; requiring licensing of
third-party administrators; requiring all third-party
administrators to obtain certificates of authority; defining terms;
disposition of premiums and claim payments received by the
administrator; requiring administrator to maintain certain
information; requiring advertising be approved; setting forth
responsibilities of the insurer; providing for the collection of
premiums and payment of claims; administrator compensation; notices
and disclosures; nonresident and home state certificate of
authority; denial, suspension or revocation of certificate of
authority; authority to propose rules; requiring third-party
administrators to have written contracts with their insurers; and
requiring third-party administrators to provide the commission with
certain disclosures. With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 534) contained in the
preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 565, Relating to public defender services.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 565 (originating in the
Committee on the Judiciary)--A Bill to repeal sections thirteen and
thirteen-a, article twenty-one, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections three, five, six, nine, ten,
eleven and twelve of said article, all relating to public defender
services; creating the indigent defense commission; specifying
members and their terms; increasing salary of executive director;
authorizing the executive director to reduce or reject vouchers;
permitting the employment of both full-time and part-time
attorneys; changing the manner of appointment of panel attorneys;
requiring corporations to submit budget; amending funding
contracts; payment of fees to panel attorneys; requiring services
provided to public defender corporations; authorizing imposition of
administrative service fee on vouchers by agency; and creating a special revenue account for the fees.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 565) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 632, Relating to state agencies
making timely payments for telephone services.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 24, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 632) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page one, section four-a, line twenty-four, by striking out
the words "shall be" and inserting in lieu thereof the word "is";
On page two, section four-a, line two, by striking out the
word "such";
On page two, section four-a, line nine, after the word "code"
by changing the comma to a period, striking out the word "which"
and inserting in lieu thereof the word "The";
On page three, section four-a, line seven, by striking out the
word "such" and inserting in lieu thereof the word "the";
On page three, section four-a, line thirteen, by striking out
the word "such" and inserting in lieu thereof the word "the";
And,
On page three, section four-a, line fourteen, by striking out the words "such" and inserting in lieu thereof the word "the".
The bill (Com. Sub. for S. B. No. 362), as amended, was then
ordered to engrossment and third reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 386, Increasing parole supervision fee.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 386 (originating in the
Committee on Finance)--A Bill to amend and reenact section
seventeen, article twelve, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to conditions of release on parole; and increasing the
supervision fee to thirty dollars per month.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 386) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 436, Directing public service commission
implement 211 information and referral system.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair. At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 436) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 496, Creating Motor Fuels Excise Tax Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 496 (originating in the
Committee on Finance)--A Bill to amend and reenact section two, article nine, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
sections three and fourteen, article ten of said chapter; to amend
article fourteen of said chapter by adding thereto a new section,
designated section thirty-one; to amend and reenact sections two,
three, five, nine and eleven, article fourteen-a of said chapter;
to amend and reenact section two, article fourteen-b of said
chapter; to further amend said chapter by adding thereto a new
article, designated article fourteen-c; to amend and reenact
section eighteen, article fifteen of said chapter; to further amend
said article by adding thereto a new section, designated section
eighteen-b; to amend and reenact section thirteen, article fifteen-
a of said chapter; and to further amend said article by adding
thereto a new section, designated section thirteen-a, all relating
generally to the levy, collection and administration of West
Virginia motor fuels excise tax; making tax crimes and penalties
act applicable to West Virginia motor fuels excise tax as of
specified date; making West Virginia tax procedure and
administration act applicable to West Virginia motor fuels excise
tax effective as of specified date; applying overpayments, credits
and refunds to West Virginia motor fuels excise tax effective as of
effective date; replacing gasoline and special fuels excise tax
with motor fuels excise tax as of specified date, after which gasoline and special fuel excise tax is repealed; defining certain
motor carrier road tax terms; requiring motor carrier road tax to
be equal to the motor fuels excise tax; changing frequency for
filing motor carrier road tax reports; providing credit against
motor carrier road tax for payment of motor fuels excise tax;
authorizing refunds of the motor fuels tax; defining certain terms
in interstate fuel tax agreement; enacting motor fuels excise tax;
defining terms; authorizing promulgation of rules and forms;
authorizing exchange of information; levying motor fuels excise
tax; establishing rate of motor fuels excise tax; establishing
points at which the tax is imposed; imposing tax on unaccounted for
motor fuel losses; imposing back-up tax on taxable use of untaxed
fuel; establishing exemptions from tax; designating persons to be
licensed; establishing license application procedure; authorizing
permissive supplier to collect tax; establishing bond requirements;
grounds for issuance and for denial of license; requiring notice of
discontinuance of business; providing for permitting license
cancellation under certain circumstances; records of license
applicants and licensees; specifying when tax returns and tax
payments are due; requiring remittance of tax by suppliers and
permissive suppliers; providing for notice of cancellation and
reissuance of license; identifying information required on tax
return; specifying deductions and discounts allowed to suppliers and permissive suppliers; specifying duties of suppliers and
permissive suppliers as trustee; requiring returns and allowing
discounts to importers; requiring information returns by terminal
operators; requiring information returns by motor fuel
transporters; requiring return by exporters; identifying
information required on returns; authorizing refund of taxes
erroneously collected or for gallonage exported or lost through
casualty or evaporation; providing method for claiming and paying
refunds; incorporating provisions of tax crimes and penalties act
and West Virginia tax procedure and administration act into motor
fuels excise tax; specifying information required on shipping
documents; requiring import confirmation number; prohibiting
improper sale or use of untaxed motor fuels; providing remedy for
refusal to allow inspection or taking of fuel sample; prohibiting
engaging in business without a license; prohibiting certain persons
from obtaining license; providing civil remedy for filing false
returns and for failure to file returns; providing criminal
penalties for willful commission of prohibited acts; imposing
penalties for unlawful importing, transportation, delivery, storage
or sale of motor fuel; providing for enforcement of assessment;
imposing record-keeping requirements; providing for inspection of
records; providing commissioner authority to inspect; specifying
marking requirements for dyed diesel fuel storage facilities; providing for disposition of tax collected; and specifying that
sections pertaining to sales and use taxes on gasoline and special
fuel are, after a specified date, repealed and replaced by new
sections continuing sales and use taxes on motor fuel and
harmonizing these taxes with new motor fuels excise tax.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 496) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 580, Providing for inspections
of individual water supply and wastewater systems and certification
of inspectors.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 580) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 583 (originating in the
Committee on Energy, Industry and Mining), Creating coal resource
transportation road system.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 583 (originating
in the Committee on Finance)--A Bill to amend and reenact section
one, article six, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to further amend
said article by adding thereto a new section, designated section
ten; to amend and reenact sections ten and eleven, article
seventeen of said chapter; to further amend said article by adding thereto a new section, designated section eleven-d; to further
amend said chapter by adding thereto two new articles, designated
articles seventeen-a and seventeen-b; to amend and reenact sections
three and seven, article one, chapter seventeen-e of said code; and
to amend chapter twenty-four-a of said code by adding thereto a new
article, designated article one-a, all relating to the regulation
of commercial vehicles; increasing speeding fines for commercial
vehicles transporting coal; authorizing public service commission
and its employees to enforce laws of the road for commercial
vehicles; authorizing weight enforcement for commercial vehicles
moving or parked on or within one hundred feet of a public highway
or right-of-way; establishing administrative enforcement process
and penalties for vehicles transporting coal; issuance of special
permits; setting maximum highway weights; providing legislative
findings for special regulation of coal transportation on the coal
resource transportation road system; defining terms; designating
eligible counties; directing public service commission to
administer commercial vehicle weights and measures; providing that
division of highways and public service commission administer all
aspects of weight and safety requirements; providing that division
of highways coordinate establishment of coal resource
transportation roads with the public service commission;
establishing a permitting program for vehicles transporting coal which allows higher weight limits upon meeting certain
requirements; authorizing public service commission to promulgate
emergency and legislative rules; providing special operator and
vehicle permit requirements; providing for fees to be assessed for
permits; providing reporting requirements for vehicle owners, coal
shippers and coal receivers; authorizing commission employees to
inspect certain weight transportation records; establishing
administrative sanctions for coal vehicle weight violations;
establishing new penalties for weight violations; establishing
procedure and criteria for commissioner of division of highways to
designate special coal resource transportation roads; setting an
effective date; authorizing commissioner of division of highways to
enter into agreements with persons responsible for coal transport
to undertake road and bridge improvements; excluding off-road
vehicles and interstate highways; providing penalties for spotting;
providing for transfer of certain duties, authority and employees
of the division of highways to the public service commission;
providing dates for transfer of these duties; providing that state
road funds for these costs be transferred to public service
commission; providing that transfer of these duties does not alter
other law-enforcement agencies' authority; costs of enforcement;
removing weight from the list of nonserious traffic violations;
creating commercial motor vehicle weight and safety enforcement advisory committee; and providing for its membership, organization,
compensation, expense reimbursements, duties and termination of
committee.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 583)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 654 (originating in the Committee on the
Judiciary)--A Bill to amend article twelve, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-five, relating to community corrections generally;
eligibility for community corrections supervision; extending
supervision for certain sex offenders; supervision where available through community corrections; fees; procedures; and penalties.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 654) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 153 (originating in the
Committee on Government Organization), Creating division of gaming.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 153 (originating
in the Committee on Finance)--A Bill to amend chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new article, designated article
twenty-nine, relating to legal gaming; creating a division of
gaming; transferring all legal gaming activities, powers, funds and functions to the division; definitions; transferring the racing
commission and the lottery commission to the division; renaming the
lottery commission the gaming commission; adding the regulation of
all legal gaming activities, except racing activities, to the
duties of the gaming commission; division's powers and duties;
transition provisions; gaming director; director's powers and
duties; and continuing the division.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 153)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
At the request of Senator Oliverio, and by unanimous consent,
Senator Oliverio addressed the Senate regarding seatbelt
utilization and the Governor's Highway Safety Program.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 27, 2003, at 11 a.m.